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SNYDER LAW GROUP’S RECENT TRIAL RESULTS


Visit our Insurance Defense or Litigation pages for more information on our firm’s trial practice areas.

VIRGINIA DELANNOY V. MARIELA TELLEZ PENA

 

In this Hillsborough County Circuit Court Case (No: 07-CA-5120), Ms. Jordan and Mr. Snyder represented Ms. Pena in a case where Ms. Pena had rear-ended the Plaintiff in traffic in Tampa. Liability was admitted at trial. The Plaintiff claimed she suffered a herniated disc in her neck, ongoing headaches and low back pain, and right shoulder impingement syndrome.

Plaintiff’s chiropractor and two orthopedic surgeons testified that her injuries were permanent and that she would require a neck surgery and ongoing shoulder injections. Plaintiff also claimed past and future loss of earning capacity.

Defense argued that Plaintiff’s injuries were not permanent, that she was involved in prior accidents, and that the MRIs showed degenerative changes not related to the accident.

Defendant had filed a Proposal for Settlement for $8,500 prior to trial.

Plaintiff asked the Jury to award $250,000 dollars.

VERDICT: Jury returned verdict of $8,150.20. Plaintiff and Defendant stipulated to minimal additur to correct inconsistency in verdict, resulting in net award of $8,500.00.




TIFFANY BECKWITH, TORRANCE PETERSON v. JULIO CISNEROS

In this Hillsborough County Circuit Court Case (No. 06-CA-007839), Ms. Jordan represented Mr. Cisneros in a case where Mr. Cisneros has rear-ended the Plaintiffs. Plaintiffs’ treating doctors testified, and the Plaintiffs asked the jury to find, that both suffered permanent neck and back injuries, and money for medical expenses and future lost wages for the rest of their lives was necessary due to the accident.

The defense pointed out that Plaintiff Beckwith failed to disclose a prior auto accident in which she was injured and that both Plaintiffs continued to work at labor intensive jobs after the accident. Also, there was a lapse of treatment for two years until they began seeking treatment again in the months before the trial.

Plaintiff asked the jury to award over $20,000 in medical expenses and $100,000 in future medical care.

Plaintiffs filed proposals for settlement for a total of $50,000 prior to trial. Defendant offered a total of $10,000 prior to trial.

VERDICT: DEFENSE VERDICT ($0 to Plaintiffs)

Plaintiffs’ Motion for a New Trial was denied.




YELENA KUSHNER V. WINDHAVEN INSURANCE COMPANY

In this Orange County Circuit Court Case (No. 09-CA-8359), Ms. Jordan had the pleasure of representing Windhaven Insurance Company in a declaratory action filed by the Plaintiff was involved in an accident and, upon making a claim under her policy, was notified that her policy was cancelled for non-payment prior to the date of the accident. Plaintiff filed her case alleging the carrier never provided her with a renewal bill or payment schedule, failed to notify her agent of the pending cancellation documents, and that the premium due notice/notice of non-renewal, if even sent, was not in conformity with Florida Statutes and inherently confusing. Plaintiff’s Motion for Summary Judgment on these issues was denied and jury trial on the issues ensued.

Defendant admitted its proof of mailing of the envelope with all renewal notices, payment schedules, and appropriate declaration pages. Plaintiff asserted that not all documents were included in that envelope and challenged the proof of mailing. However, Defendant entered into evidence a copy of Plaintiff’s check for the premium due which was dated prior mailing and then returned by the carrier as being postmarked beyond the due date and that she had moved before her renewal documents were due. Plaintiff claimed she had pre-dated the check at the direction of a claims representative and that she had never received a renewal or cancellation notice.

VERDICT: DEFENSE VERDICT. Jury found Defendant had mailed Plaintiff the renewal notice/notice of cancellation for non-payment. The carrier’s cancellation of coverage for non-payment was affirmed by Jury’s verdict.




DALMA MORALES V. MARTHA BISBICUS

In this Hillsborough County Circuit Court Case (No. 07-CA-001272), Ms. Jordan and Mr. Snyder represented Ms. Bisbicus in a case where she allegedly ran a stop sign and struck the Plaintiff’s car, causing it to leave the roadway, hit a telephone pole, and the stop in a drainage ditch. Plaintiff was transported to the ER from the scene. Plaintiff claimed ongoing pain in her neck and back, as well as her left wrist and left knee. Plaintiff’s treating orthopedic surgeons testified she had sustained a meniscal tear and an ACL tear in the accident, which led to (3) surgeries. Plaintiff claimed she had permanent weakness and other problems with her knee and that she had lost her job due to doctor appointments and that she would continue to lose wages in the future. Plaintiff’s last demand prior to trial was $250,000.

Defendant argued the injuries claimed were not sustained as a result of the accident and introduced evidence from another orthopedic surgeon who treated the Plaintiff shortly after the accident and noted of full range of motion of her left knee and records from a prior family physician who noted treatment of Plaintiff’s ongoing back pain. Evidence was also presented of prior negative performance reviews and warnings at Plaintiff’s place of work.

Defendant’s last offer before trial was $10,000.

Plaintiff asked the jury for $367,000.

VERDICT: $18,762.14 in past medical expenses. After PIP set-off, net award was $8,762.14.




LYNN SCHMIDT, PETER SCHMIDT V. MWIDIMISI MUNNISI

In this Hillsborough County Circuit Court Case (No. 08-CA-6905), Ms. Jordan and Mr. Snyder represented Mr. Munnisi in a case where he rear-ended the Plaintiff and she struck the car in front of her. Plaintiff was transported to the ER from the scene via EMS. Defendant admitted liability at trial.

Plaintiff claimed severe back injuries and had a lumbar laminectomy with fusion and a cage replacement procedure prior to trial. She also claimed the accident and injuries caused her to have severe depression, ongoing pain, and caused her to take daily pain medication. Plaintiff’s treating doctors testified that her physical injuries were permanent and that she could no longer work as an ARNP. Plaintiff’s treating psychiatrist also testified that she suffered from permanent depression as a result of her injuries, constant pain, and inability to earn a living. Plaintiff’s husband also claimed the loss of consortium of his wife. Plaintiff’s medical expenses totaled $500,000 at time of trial. Plaintiff’s last demand prior to trial was $2 million dollars.

Defense argued that the injuries that Plaintiff was claiming were not caused by the accident. Defense also pointed out the inconsistencies in her statements to all treating providers as well as the inconsistent findings during examinations (objective v. subjective). Defense presented evidence of several vacations that Plaintiffs had taken together since the accident, intervening injuries that had occurred, and records evidencing relationship difficulties having nothing to do with the accident.

Defendant filed a Proposal for Settlement for $10,000.

Plaintiffs asked the jury for $3.9 million dollars.

VERDICT: $18,154.83 in past medical and past wage loss. Plaintiffs’ Motion for New Trial was denied. Motion to Determine Collateral Source Set-Offs is pending.


 

 

 

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